Many residents of foreign countries wish to obtain a student visa that allows them to study, attend classes, and acquire quality education in the United States legally, without having any issues with immigration laws. Student visa applicants generally must fill out application forms for student visas and then be interviewed by a consular officer at a U.S. Embassy or Consulate. After relevant information is reviewed, the application is approved or denied, based on standards established in U.S. law.
The process of obtaining a student visa can be a complicated and daunting process, and often prospective students wind up having their application denied. It is important to be prepared and aware of the most common reasons for visa denial so you can prevent making mistakes that disqualify you from receiving the visa you desire.
Types of Student Visas
The United States government requires that foreign nationals who want to study in the United States must have a student visa. There are several types of visas, and your course of study and the type of school you plan to attend determines which you need.
F Visas – An F visa is for people who want to be full-time students at an approved college, university, seminary, conservatory, academic high school, elementary school, other academic institution, or a language training program. Students come to the U.S. on a temporary basis and must leave once their course of study is completed.
M visa – The M visa is for students enrolling to study at a vocational and technical school or other recognized nonacademic institution, other than a language training program. M visa holders must return to their home country after completion of their course, and then may reapply for entry to the United States.
J1 Visa – The J1 visa is for anyone outside the U.S. planning to take part in the study and work-related exchange programs in the U.S.
To meet requirements for the F or M visa, you must:
- Certify that your primary residence is in your home country.
- Show intention of returning there after your visa’s expiration.
- Provide proof of ability to support yourself and cover your living expenses while in the U.S.
- Demonstrate that you can speak and write English.
What Disqualifies You from Getting a Student Visa
There are many standards under which a visa application may be denied. In general, an application may be denied because the consular officer does not have all necessary information, the applicant does not qualify for the visa category applied for, or other reasons, such as a record of drug or criminal activities.
The following are reasons why applicants are often disqualified from receiving a visa:
- Failure to Comply with Visa Regulations – There are established rules and regulations for visa application, and most visa requests are denied or rejected if these are not met.
- No Evidence of Intent to Return — You must be prepared to provide evidence of your deep ties to your home country, such as close family relationships, successful businesses, or real estate.
- Insufficient Funds — You must demonstrate that you have enough funds to cover your tuition fees, living expenses, and other associated costs to support your schooling for the anticipated length of your stay in the U.S.
- Incomplete Application Form — You must completely fill out your application form and leave nothing blank and have no incorrect information. Enter “N/A” even if the answer to a question is irrelevant to you, and recheck your application before submitting it.
- Incorrect Information — Providing false or fraudulent information or documentation or being caught lying during the application process will lead to student visa rejection. All information on the application form must match the information on your travel documents.
- Timing Problems — Your application will likely be rejected if you submit it after the prescribed deadline set by the embassy and before your planned departure date.
- Bad Visa Interview — Your visa interview is extremely important, and you can be rejected if you are late, fail to answer questions correctly, act uncomfortable, are rude and offensive, or are dressed inappropriately.
- Inadequate Academic Achievements — If your academic record, GPA score, English language skills, or scores on tests such as the GRE don’t meet the required standards, you may be disqualified.
- Travel History — A bad travel history such as having overstayed in a country, having been denied a visa in the past, or having been engaged in activities prohibited under a specific category of your application may cause rejection.
- Criminal Record — A history of criminal activity, particularly serious offenses, can lead to a visa denial.
- Health Issues — Certain health conditions may disqualify you, especially if they pose a risk to public health or require expensive medical treatment.
What to Do if Disqualified from Getting a Student Visa
If your visa application is denied, in most cases you will be notified of the section of law which applies in your situation and the reason for denial. Once you know the reason for student visa rejection, you can:
- Examine the denial notice and see if you can correct the flaws such as insufficient documentation, lack of evidence of financial support, or poor links to your country.
- Gather additional information and other supporting documents to support your case.
- Write an appeal letter, outlining the grounds for reconsidering the student visa rejection decision, and include any supplementary materials that bolster your case.
- Prepare a new application package with updated and improved information. If you are applying again, you should provide updated documents supporting your case and include all the necessary forms completely filled out. Note and correct any special requirements such as the need to improve your academic record, English language skills, or finances.
If your appeal succeeds, your visa application will be granted, allowing you to proceed with the visa process. However, if you have been caught with fraud or misrepresentation on a previous application, you will be permanently ineligible for a visa.
Get Help from an Experienced Immigration Attorney
While it is possible to appeal a rejected student visa application on your own, it can help to have an immigration attorney working on your behalf. Your attorney can:
- Provide Guidance: Guide you through the visa application process, ensuring that you understand the requirements and deadlines.
- Assess Eligibility: Assess your eligibility for a student visa based on your individual circumstances and advise you how to correct any potential issues.
- Assist with Documentation: An attorney can help you gather and organize the necessary documentation required for your visa application.
- Address Complex Situations: If you have a complicated immigration history or other issues that may affect your visa application, an attorney can help navigate these challenges and advocate on your behalf.
- Represent You: In some cases, your attorney can represent you during visa interviews or other interactions with immigration authorities, to present your case and protect your rights.
Getting a student visa is complicated, and it’s easy to make mistakes and be disqualified, so get help from the experienced immigration attorneys at Carman Fullerton in Lexington, Kentucky. Attorney Kirby Fullerton’s practice is focused on immigration law and he represents clients in cases before the immigration courts and the Board of Immigration Appeals. Dan Carman is a member of various local and national Bar Associations and has previously been named in the Top 100 Trial Lawyers and Top 40. We are fully prepared to guide you through all steps of the visa application process to help ensure that your application will be successful and you can get the education you need.
Your future is too important to risk. Call us today for an initial consultation to see how we can help your student visa application be successful.
Get Started Now Call 859-971-0060
Attorney Kirby J. Fullerton
Mr. Fullerton’s practice is focused on immigration law. He speaks Spanish, and represents clients in cases before the immigration courts and the Board of Immigration Appeals. He began his career practicing criminal defense, and understands how matters in criminal courts can affect a client’s immigration status. [Attorney Bio]
